RAM BILASH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants no. 1 and 2, namely, Ram Bilash Rai and Sattan Rai respectively, have been convicted under Section 302 of the Indian Penal Code (for short Penal Code) and have been sentenced to undergo imprisonment for life. Appellants No.3 and 4, namely, Ram Pratap Rai and Budhan Rai respectively, have been convicted under Section 302/34 of the Penal Code and have been sentenced to undergo imprisonment for life.

(2.) Appellant No.4, Budhan Rai, was also charged under Section 302 read with Section 114 of the Penal Code, but he was acquitted of the said charges.

(3.) The prosecution case, in short, is that on 25th June, 1986 at about 11.00 p.m. one Jallal Rai (P.W. 10) of village-Supaul, Police Station Angarghat in the district of Samastipur, lodged a fardbeyan (Ext.-2) which was recorded by the Officer Incharge of Angarhat Police Station, Jagroop Ram (P.W. 12) at Jailals house alleging, inter alia, that deceased Baidyanath Rai had taken BALLA (settlement) of one mile of land by the side of railway line on auction from the Railways and on account of which a dispute was coming in between the deceased on the one hand and the accused Ram Bilash Rai (Appellant No.1) and Ram Pratap Rai (Appellant No. 3) sons of Budban Rai (Appellant No. 4) on the other. It appears that on the same day at about 2.00 P.M. the accused have quarrelled with the deceased for grazing their cattle in the BALLA, which was some how averted at that time. Appellant No. 1, Ram Bilash Rai, wanted that his cattle should also graze in the said BALLA without any payment, which was the cause of the said quarrel.